Anirudh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28891 of 2025 Arising Out of PS. Case No.-555 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== 1.
Anirudh Chaudhary S/O Gora Chaudhary 2.
Uday Chaudhary S/O Gora Chaudhary 3.
Gora Chaudhary S/O Late Bhagirath Chaudhary.
All R/O Vill-Kewali, P.S-Chandauti, Dist.- Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ujjawal Kumar Singh, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2025 Heard Mr.Ujjawal Kumar Singh,, learned counsel for the petitioners and Mr.Binod Kumar, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Chandauti P.S.Case No.555 of 2022, FIR dated 10.12.2022 registered for the offences punishable under Sections 341,506,504,323,379,308,34 of the Indian Penal Code.
3. Sri Naresh Yadav is the informant of this case. He has alleged in his fardbeyan that on 01.12.2022 at about 06:00 AM co-accused Rajkumar Chaudhary came to the house of informant armed with garasa and pistol and started abusing, when the informant opposed him the above named accused
2/4 petitioners along with other co-accused persons started assaulting him with lathi-danda and iron rod, after hearing hulla when the his family members came to save him they assaulted them also. He further stated that when the villagers came to save them they threatened them with pistol and threatened the informant implication in SC/ST Act.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. Although the petitioners are named in the FIR and there is specific allegation of assault attributed against them but from a bare perusal of the FIR it appears that there is no specific allegation against them there is general and omnibus allegation against all the accused persons including the petitioners and similarly situated co-accused person, namely, Dinesh Chaudhary and others have been granted privilege of anticipatory bail by a Coordinate Bench of this Hon'ble Court vide order dated 07.03.2025 passed in Cr. Misc. No.9696 of 2025.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, petitioners have
3/4 clean antecedent, there is no specific allegation of any assault or overt-act against them and similarly situated co-accused persons, namely, Dinesh Chaudhary and others have been granted privilege of anticipatory bail by a Coordinate Bench of this Hon'ble Court, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gaya in connection with Chandauti P.S.Case No.
555 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
4/4 (III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T